Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-07-23

CLAIMED TO BE CASE OF DISCRIMINATION ON AC-
COUNT OF COLOR,
The Interstate Commission to-day took up the
| case OF William II. Council, colored, against the
western and Atlantic Railroad Company. The
complainant charged that on the 7th OF last April,
though he had paid flrst-class fare he was fOrci-
Oily e1ected from the rst-clasS OF the railroad
IN Georgia and compelled to take q seat in the
"Jim-CroW" car set apart for colored people.
council Is prominent cOlored citizen OF Alabama,
minister OF the gospel and president Of colored
educational institution. In his complaint he as
serts that he bought rst-claSs ticket and took
seat In car; that he was given no Instructions as
10 which car he should occupy; that man, ap-
parently railroad empOye, ordered him to go into
another car; that he ignored the order, and Subse
quently another railroad employe ordered him to
go into another car. Council alleges that he re-
piled that when the conductor should demand his
ticket or order him to vacate his seat he would do
IL; that subsequently three OF the railroad enl-
plOyes
FORcIBLy ELECTED HIM FROM THE CAR,
one OF them striking him over the head several
times with lantern, in1licting painful wounds;
that while he was being forcibly elected he ap-
pealed to the conductor for protection, and the
latter replied: "This is what you get, d-nyOu,
for not moving when ordered you to-" that be-
cause OF his treatment and wounds he had to stop
of the train, and he thereby lost his ticket, for
which he had paid.
Council was represented by Messrs. John d.
Brandon and Oscar X. Hundley. The railroad COM
pany was represented by Mr.. julius L. Brown.
The complaint averred that in ejecting Council
an act OF discrimination because of Councils
color, and that that act was a violation OF the
Interstate act which prohibits determinations
against any class OF citizens.
chairman Cooley, Of the Commission, decided
that 1t was not competent for the Commission to
try any question OF damages, but that the case
must be restricted to one OF unjust discrimination.
THE ANSWER OF THE RAILROAD COMPANY
| admits that Council was put out of the car, but
denies that it was in any spirit of discrimination.
1t AYERS that Council, Deing alone and not at
tended by females, deliberately took a seat in the
car which was reserved for ladies; that he knew
that white and cOOred men unaccompanied by
ladies We're forbidden TO ride in that car; that
Council was politely informed by officers OF
which he replied that he had paid tirst-class
fare and would ride where he pleased; that
finally he was elected, but that the injuries
| inflicted were by passengers who were indignant
at Councils conduct, and that none OF the rail-
road employees had any hand in the assault on
Council. The defendant denied that the conductor
used any prOfane language to Council. The an
| swer declared that Council voluntarily lert the
train, and thus lost his ticket. In behalf OF the
right to set apart cars for ladies' and to restrict
Its accommodations to ladies or TO gentlemen ac-
| companed by ladies, and that it has the right to
| claimed that Council brought the assault upon
himself by refusing to leave the ladies' car.
| DISPOSITIONS.
For tne complainant Une QepOS1ClOn OF A. L..
Moore, citizen of Georgia, was read. He was q
passenger in the car at the time Council was
elected. Moore deposed that Council was twice
ordered out OF the and that he refused out
unless ordered by the conductor that finally three
men in the uniform OF the railroad rorcibly elected
Council one OF them striking Council over the head
with a lantern.
The deposition Of E. F. GrIzzard, colored, was
next read. He swOre that he had inspected the car
from which Counsel was elected and the one into
which he was ordered; that the car from which
he was elected was neat, cleanly and well-kept,
had bad Odor and was used for smoking. =
VIM. H. Council, the complainant, was sworn.
and gave the details Of his election from the train
COUNCILS STORY.
Council testified that he bought a ticket at
Chattanooga, the 7th OF last April for Atlanta
that he went into what he thought was the gentle
mems car took seat, very soon he was notified
by Il man to go into the forward car. Witness
made no reply. Soon a1terward q breakman told
him to go forward. Witness replied that he would
II ordered by the conductor. few moments later
three men, Two wearing railroad uniforms, ordered
head several times with lantern. Witness was
rOrcibly elected from the car At Dalton Ga,
witness being sick andcOvered with blood, stopped
for to have his injuries attended to. The testi-
mOny Of Mr.. Council COnfOrmed to the written
complaints made by him.
AT l 30 the Commission took recess until 3 D.
m.
The Interstate Commission has created bureau
10 be known as the Department OF Statistics. Mr..
Z. {. MacCain, who has been appointed auditor Of
the Commission. Will have charge OF the bureau.